39.3.5 termination by the supplier pursuant to this article 39. 3 iswithout prejudice to any other rights or remedies of the supplier whichmay be exercised in lieu of or in addition to the rights conferred by thisarticle 39.3. 39.4 in this article 39, the expression "works executed" shall includeall work executed, services provided and all equipment acquired (orsubject to a legally binding obligation to purchase)by the supplier andused or intended to be used for the purpose of the works, up to andincluding the date of termination. 39.5 in this article 39, in calculating any monies due from the buyerto the supplier, due account shall be taken of any sum previously paid bythe buyer to the supplier under the contract including any advance paymentpaid pursuant to appendix 2 (payment terms)hereto. 39.6 if the contract is terminated by either party, thennotwithstanding anything to the contrary provided in this article 39, therights and obligations of the buyer and the supplier in respect of theprocess licence granted under article 16.1 hereof shall be subject to theconditions specified in appendix 6 (licence conditions)hereto. article 40. assignment neither the buyer nor the supplier shall without the express priorwritten consent of the other (which consent shall not be unreasonablywithheld)assign to any third party the contract or any part thereof, orany right, benefit, obligation or interest therein or thereunder, exceptthat the supplier shall be entitled to assign either absolutely or by wayof charge any monies due and payable to it or which may become due andpayable to it under the contract. the buyer(signature):_________ the supplier(signature):_________ date:_________ date:_________ appendix 1 breakdown of contract price appendix 2 terms of payment appendix 2-1 cash payment with retention appendix 2-2 deferred payment appendix 3 form of letter of credit/guarantee